Sentences with phrase «of jurors refusing»

Not exact matches

Court papers indicate Espada attorney Susan Necheles will try to convince jurors Espada was the victim of a political vendetta, but the former lawmaker refused to talk about a witch hunt.

The lawyer for indicted state Sen. Malcolm Smith (D - Hollis) wants to know if prospective jurors may be swayed by the high - profile nature of his client's federal corruption trial when it kicks off in less than two months now that the presiding judge has refused to throw out the charges.

Individual jurors each have the power to stop an unjust prosecution by refusing to convict, yet most jurors today are unaware of or explicitly misinformed about this right today.

FIJA seeks to educate everyone about the traditional, legal authority of the juror to refuse to enforce unjust laws and the role of the fully informed juror in protecting human rights.

In light of this brief summary, and paraphrasing Justice Fish's point from Krieger, one could perhaps say that jurors have the responsibility as a matter of right to assess evidence and apply the law as set out by the trial judge, but also enjoy the power to refuse to apply the law «when their consciences permit of no other course».

Helena, MT — On Thursday, September 5, 2013, activists across the country will celebrate Jury Rights Day, marking the 343rd anniversary of the day when jurors refused to convict William Penn of violating England's Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon.

It requires the juror to respect the legitimacy and authority of the law, and to only refuse to apply the law in the exceptional case where, assessed as a representative for the community as a whole, such a refusal is essential for justice (with justice defined in light of our laws and constitution).

Yet the Supreme Court has explicitly recognized that jurors have the power to refuse to apply the law, are the conscience of their community, and serve as a bulwark against oppressive laws and their enforcement.

However, in exceptional cases, when acting as the conscience of the community and as a bulwark against oppressive laws and their enforcement, jurors may properly refuse to apply the law as written.

Georgetown University law professor Paul Butler encourages jurors to refuse to enforce victimless drug laws that have disproportionately been used against and disproportionately harm people of color.

Examples of juror veto include juror refusal to convict violators of the federal Fugitive Slave Act, prohibition - era juror refusal to convict people with whiskey, and jurors today refusing to convict peaceful gun owners, property owners, war protesters, tax protesters, and alternative medical therapy patients.

In defense of those «unalienable rights,» indeed, as the last line of defense, jurors can reject government tyranny by refusing to convict those subjected to prosecution for violating unjust laws.

In this six - week jury trial, the trial judge refused to dismiss at least three jurors who were related to or knew members of the plaintiff class, and the jury found in favor of the plaintiff class.

29 August 2013 Activists Across the Nation Celebrate Jury Rights Day on September 5 FOR IMMEDIATE RELEASE CONTACT: [phone]; [email protected] Helena, MT — On Thursday, September 5, 2013, activists across the country will celebrate Jury Rights Day, marking the 343rd anniversary of the day when jurors refused to convict William Penn of violating England's Conventicle Acts, -LSB-...]

In refusing to convict Penn, the jurors refused to enforce what they knew to be unjust law, even when directed by the judge to return a Guilty verdict, and even when imprisoned for their act of conscience.

Simply put, jury nullification refers to the phenomenon of jurors flatly refusing to apply a law in circumstances where society's view of criminality differs from that of our Criminal Code.

Nullification is the right juries have to return an acquittal even in the face of overwhelming evidence of guilt simply because the jurors don't think that law should exist (they refuse to follow (i.e. nullify) the law with their decision).